Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in thisstyletype.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
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conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.

SENATE ENROLLED ACT No. 268

AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of
Indiana:

SECTION 1. IC 16-18-2-5.5 IS ADDED TO THE
INDIANA CODE AS A NEW SECTION TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5.5. "Adult
stem cell"means an undifferentiated cell that:
(1) is found in a differentiated tissue;
(2) is renewable; and
(3) yields specialized cell types with certain
limitations of the tissue from which it originated.
SECTION 2. IC 16-18-2-56.5 IS ADDED TO THE
INDIANA CODE AS A NEW SECTION TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 56.5. (a)
"Cloning" means the use of asexual reproduction to
create or grow a human embryo from a single cell or cells
of a genetically identical human.
(b) The term does not include:
(1) a treatment or procedure to enhance human
reproductive capability through the manipulation of

human oocytes or embryos, including the following:
(A) In vitro fertilization.
(B) Gamete intrafallopian transfer.
(C) Zygote intrafallopian transfer; or
(2) the following types of stem cell research:
(A) Adult stem cell.
(B) Fetal stem cell, as long as the biological parent
has given written consent for the use of the fetal
stem cells.
(C) Embryonic stem cells from lines that are
permissible for use under applicable federal law.
SECTION 3. IC 16-18-2-128.5 IS ADDED TO THE
INDIANA CODE AS A NEW SECTION TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 128.5. (a)
"Fetal stem cell" means any of the following types of stem
cells taken from a fetus that was either miscarried or
stillborn from any of the following sources:
(1) Placenta.
(2) Umbilical cord.
(3) Amniotic fluid.
(4) Fetal tissue.
(b) The term does not include any cells that are taken
as the result of an abortion unless the cells are
permissible for use under applicable federal law.
SECTION 4. IC 16-18-2-183.5 IS ADDED TO THE
INDIANA CODE AS A NEW SECTION TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 183.5.
"Human embryo" means a human egg cell with a full
genetic composition capable of differentiating and
maturing into a complete human being.
SECTION 5. IC 16-21-3-4 IS ADDED TO THE
INDIANA CODE AS A NEW SECTION TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.
Notwithstanding section 1 of this chapter, the state
department shall revoke the license of a hospital licensed
under this article if, after appropriate notice and an

opportunity for a hearing, the state health commissioner
proves by a preponderance of the evidence that the
hospital:
(1) knowingly allows the hospital's facilities to be
used for cloning or attempted cloning; or
(2) knowingly allows the hospital's employees, in the
course of the employee's employment, to participate
in cloning or attempted cloning.
SECTION 6. IC 16-34.5 IS ADDED TO THE INDIANA
CODE AS A NEW ARTICLE TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: ARTICLE 34.5. CLONING
Chapter 1. Public Policy Against Human Cloning
Sec. 1. The general assembly declares that human
cloning is against public policy.
Sec. 2. The state, a state educational institution (as
defined in IC 20-12-0.5-1), or a political subdivision of the
state may not use public funds, facilities, or employees to
knowingly participate in cloning or attempted cloning.
SECTION 7. IC 20-12-29.7 IS ADDED TO THE
INDIANA CODE AS A NEW CHAPTER TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Chapter 29.7. Adult Stem Cell Research Center
Sec. 1. As used in this chapter, "center" refers to an
adult stem cell research center established under section 2
of this chapter to carry out the duties specified by this
chapter.
Sec. 2. The board of trustees of Indiana University may
establish an adult stem cell research center.
Sec. 3. The center must be under the administration of
the school of medicine.
Sec. 4. The dean of the school of medicine shall appoint
the director of the center.
Sec. 5. The board of trustees of Indiana University may
receive, accept, hold, and apply donations, bequests of
funds, property, gifts, and other income in support of the
center's purposes.
Sec. 6. The center shall:
(1) conduct a thorough and comprehensive needs
assessment of the state of science of adult stem cell
research; and
(2) develop strategies to move Indiana University into
the forefront of the nation in its capacity to attract
and retain adult stem cell researchers.
SECTION 8. IC 25-22.5-8-5 IS ADDED TO THE
INDIANA CODE AS A NEW SECTION TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) As
used in this section, "cloning" has the meaning set forth
in IC 16-18-2-56.5.
(b) Notwithstanding IC 25-1-9, the board shall revoke
the license of a physician if, after appropriate notice and
an opportunity for a hearing, the attorney general proves
by a preponderance of the evidence that the physician
knowingly participated in cloning or attempted cloning.
SECTION 9. IC 35-46-5-2 IS ADDED TO THE
INDIANA CODE AS A NEW SECTION TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a)
This section does not apply to in vitro fertilization.
(b) As used in this section, "cloning" has the meaning
set forth in IC 16-18-2-56.5.
(c) A person who knowingly or intentionally:
(1) participates in cloning;
(2) implants or attempts to implant a cloned human
embryo into a uterine environment to initiate a
pregnancy; or
(3) ships or receives a cloned human embryo;
commits unlawful participation in human cloning, a Class
D felony.
SECTION 10. IC 35-46-5-3 IS ADDED TO THE
INDIANA CODE AS A NEW SECTION TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) A
person who knowingly or intentionally purchases or sells
a human ovum, zygote, embryo, or fetus commits

unlawful transfer of a human organism, a Class C felony. (b) This section does not apply to the following:
(1) The transfer to or receipt by a woman donor of an
ovum of an amount for:
(A) earnings lost due to absence from employment;
(B) travel expenses;
(C) hospital expenses;
(D) medical expenses; and
(E) recovery time in an amount not to exceed three
thousand dollars ($3,000);
concerning a treatment or procedure to enhance
human reproductive capability through in vitro
fertilization, gamete intrafallopian transfer, or zygote
intrafallopian transfer.
(2) The following types of stem cell research:
(A) Adult stem cell.
(B) Fetal stem cell, as long as the biological parent
has given written consent for the use of the fetal
stem cells.
SECTION 11. [EFFECTIVE UPON PASSAGE] (a) As
used in this SECTION, "state department" refers to the
state department of health.
(b) Before November 1, 2005, the state department
shall investigate and report to the legislative council in an
electronic format under IC 5-14-6 the following
information: (1) The feasibility of the state creating an embryo
adoption bank to which embryos in Indiana would be
transferred and in which the embryos would be
stored instead of being destroyed.
(2) The costs of creating an embryo adoption bank.
(3) The legal implications and requirements for the
adoption of an embryo.
(4) Any other relevant information concerning the
state creating and embryo adoption bank.
(c) This SECTION expires December 31, 2005.
SECTION 12. An emergency is declared for this act.

President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Approved:

Governor of the State of Indiana

SEA 268

Figure

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